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Agenda Packet 04/12/2022Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 April 12, 2022 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Jeff Beach Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1.Business Spotlight – Premier Martial Arts (Mayor Fleury) 2.Update on Parks & Rec upcoming community events. (T. Jaramillo) 3.Recognition of the BNHS Wrestling Team and Coaches for advancing to the UIL State Tournament. (Mayor Fleury) CONSENT AGENDA 4.Take appropriate action to approve the Town Council Meeting Minutes of March 22, 2022. (A. Otterson) 5.Take appropriate action to approve Resolution 202203 accepting a partial grant from the US Department of Justice in the amount of $21,525 for New Police Body Cameras. (P. Arata) 6.Take appropriate action to approve New Police Body Cameras in the amount of $42,000 of which $21,525 will be reimbursed through a grant award from the US Department of Justice authorizing the Town Manager to execute all necessary documents. (P. Arata) 7.Consider and take appropriate action regarding Ordinance 202209 amending Appendix A, Fee Schedule, to establish fees and rates for water and sewer services to customers within Trophy Club. (M. Erwin) 8.Consider and take appropriate action increasing PO Number 2200063, BKD, LLC from $50,000 to $54,000. (M. Erwin) INDIVIDUAL ITEMS 9.Review Future Agenda Items List. (W. Carroll) EXECUTIVE SESSION 10.Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session: a) Section 551.087 Economic Development – Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b) Section 551.071 AttorneyClient Privilege – Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club Citizens. c) Section 551.072 Deliberations about Real Property to discuss the possible purchase, exchange, lease, or value of real property. RECONVENE INTO REGULAR SESSION 11.Take appropriate action regarding executive session item(s). ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, April 8, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Acting Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 1 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262April 12, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Jeff BeachPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Business Spotlight – Premier Martial Arts (Mayor Fleury)2.Update on Parks & Rec upcoming community events. (T. Jaramillo) 3.Recognition of the BNHS Wrestling Team and Coaches for advancing to the UIL StateTournament. (Mayor Fleury) CONSENT AGENDA 4.Take appropriate action to approve the Town Council Meeting Minutes of March 22, 2022. (A. Otterson) 5.Take appropriate action to approve Resolution 202203 accepting a partial grant from the US Department of Justice in the amount of $21,525 for New Police Body Cameras. (P. Arata) 6.Take appropriate action to approve New Police Body Cameras in the amount of $42,000 of which $21,525 will be reimbursed through a grant award from the US Department of Justice authorizing the Town Manager to execute all necessary documents. (P. Arata) 7.Consider and take appropriate action regarding Ordinance 202209 amending Appendix A, Fee Schedule, to establish fees and rates for water and sewer services to customers within Trophy Club. (M. Erwin) 8.Consider and take appropriate action increasing PO Number 2200063, BKD, LLC from $50,000 to $54,000. (M. Erwin) INDIVIDUAL ITEMS 9.Review Future Agenda Items List. (W. Carroll) EXECUTIVE SESSION 10.Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session: a) Section 551.087 Economic Development – Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b) Section 551.071 AttorneyClient Privilege – Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club Citizens. c) Section 551.072 Deliberations about Real Property to discuss the possible purchase, exchange, lease, or value of real property. RECONVENE INTO REGULAR SESSION 11.Take appropriate action regarding executive session item(s). ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, April 8, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Acting Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 2 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262April 12, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Jeff BeachPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Business Spotlight – Premier Martial Arts (Mayor Fleury)2.Update on Parks & Rec upcoming community events. (T. Jaramillo) 3.Recognition of the BNHS Wrestling Team and Coaches for advancing to the UIL StateTournament. (Mayor Fleury)CONSENT AGENDA4.Take appropriate action to approve the Town Council Meeting Minutes of March 22,2022. (A. Otterson)5.Take appropriate action to approve Resolution 202203 accepting a partial grant fromthe US Department of Justice in the amount of $21,525 for New Police BodyCameras. (P. Arata) 6.Take appropriate action to approve New Police Body Cameras in the amount of$42,000 of which $21,525 will be reimbursed through a grant award from the USDepartment of Justice authorizing the Town Manager to execute all necessarydocuments. (P. Arata)7.Consider and take appropriate action regarding Ordinance 202209 amendingAppendix A, Fee Schedule, to establish fees and rates for water and sewer services tocustomers within Trophy Club. (M. Erwin)8.Consider and take appropriate action increasing PO Number 2200063, BKD, LLCfrom $50,000 to $54,000. (M. Erwin)INDIVIDUAL ITEMS9.Review Future Agenda Items List. (W. Carroll)EXECUTIVE SESSION10.Pursuant to the following designated sections of the Texas GovernmentCode, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Councilwill recess into executive session:a) Section 551.087 Economic Development – Deliberate EconomicDevelopment Negotiations regarding prospective commercial projects withinthe Town of Trophy Club.b) Section 551.071 AttorneyClient Privilege – Deliberate possible InterlocalAgreement with multiple governmental entities to provide services to TrophyClub Citizens.c) Section 551.072 Deliberations about Real Property to discuss the possiblepurchase, exchange, lease, or value of real property.RECONVENE INTO REGULAR SESSION11.Take appropriate action regarding executive session item(s). ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, April 8, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Acting Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 March 22, 2022 Page 1 of 8 6 2 1 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Tuesday, March 22, 2022; 7 PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, March 22, 2022. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Jeff beach Council member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager Leticia Vacek Town Governance Officer David Dodd Town Attorney Patrick Arata Police Chief David Jones Interim Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7 PM and noting a quorum present with all Council Members present. INVOCATION Pastor Joel Quilé, of the Trophy Club Bara Church delivered the Invocation. He prayed for peace throughout the world and for all of our leaders and First Responders. PLEDGES Mayor Pro Tem Lamont led the pledges to the American Flag and Texas Flag. ANNOUNCEMENTS AND REPORTS 1. Recognition of BNHS Football Team and Coaches for a Historic Football Season. (Mayor Fleury) Mayor Fleury recognized BNHS Football team for the historical season that they just completed. Coach Pride was presented with a certificate for the outstanding season. 2. Business Spotlight – Wonderland Montessori School, Laura Roark. (Mayor Fleury) Laura Roark stated that all Wonderland Montessori School teachers were Association Montessori Internationale (AMI) certified. They accept children from 2 months of age to currently 9 years old. This is the first year that they have had elementary aged children. Mayor Fleury recognized how the AMI certification sets Wonderland Montessori apart from other uncertified Montessori schools. 3. Parks and Recreation Board Update. (T. Jaramillo) Mr. Jaramillo explained that they had a very productive Parks and Rec Board meeting on March 21. They also hosted the first Touch a Truck event that was attended by over 500 people. He thanked all the Town Departments that participated in the event. The next event will be the Taste of Trophy Club. They have six confirmed restaurants signed up for the event and they 4 March 22, 2022 Page 2 of 8 6 2 1 have received $3000 in sponsorship money. Kickball league starts this week as well as TCRYBA baseball league. New hours will be offered to Tennis Instructors. A Tree Subcommittee has been formed to help look at annual plantings. Mayor Fleury was impressed with the turnout for the Touch-a-Truck event and commended the Parks and Rec department for a great event. She thanked all the volunteers and Town employees that showed up to work at the event. 4. Announcement of Interim Fire Chief David Jones. (W. Carroll) Mr. Carroll recognized Chief J. Taylor who resigned as Fire Chief to pursue other professional career opportunities. Mr. Carroll introduced Interim Fire Chief David Jones who he has known for a very long time and he greatly appreciates the willingness of Chief Jones to help us out. Chief Jones worked for Keller Fire Department for 33 years. CONSENT AGENDA 5.Take appropriate action to approve the Town Council Meeting Minutes of February 22, 2022. (L. Vacek) 6. Take appropriate action to adopt Ordinance 2022-04 amending the Fee Schedules of the Town of Trophy Club. (M. Erwin)) 7. Take appropriate action to adopt Budget Amendment Ordinance 2022-05 for Fiscal Year 2022-23. (M. Erwin) conjunction 8. Take appropriate action for the ratification and acceptance of the Trophy Club Park Debris Removal/Trail Clearing Grant from the Texas Parks and Wildlife Agency. (T. Jaramillo) 9. Take appropriate action for the ratification and acceptance of the Trophy Club Park Road Repair and Pavilion Replacement Grant from the Texas Parks and Wildlife Agency (TPWD). (T. Jaramillo) 10. Take appropriate action to authorize an agreement for tree services between the Town of Trophy Club and Smith Lawn and Tree Service through an Interlocal Agreement with the City of Southlake. (T. Jaramillo) 11. Take appropriate action regarding a requisition for a procurement of the replacement of three pavilions at Trophy Club Park and authorizing the Mayor or her designee to execute all necessary documents. (T. Jaramillo) 12. Take appropriate action on approving the expenditure of $156,695 paid to Reynolds Asphalt for the asphalt road repair at Trophy Club Park through an Interlocal Purchasing Agreement (ILA) with the City of Grand Prairie. (M. Cox) Mayor Pro Tem Lamont moved to approve Consent Agenda Items 5 through 12. Council Member Monger seconded the motion. The motion carried with all Council Members present and voting. PUBLIC HEARING(S) 13. Case SUP-22-001 (Social Oak Lounge Alcohol On-Premises) a. Conduct a Public Hearing regarding a request made by Social Oak Lounge for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 2230 E. Highway 114 #550. (M. Cox) b. Take appropriate action regarding Ordinance 2022-06 for a request made by Social Oak Lounge for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 2230 E. Highway 114 #550. (M. Cox) Mayor Fleury opened a Public Hearing for SUP-22-001 at 7:26. There was no one registered to speak on this item. Mr. Cox explained that Social Oak is a new business requesting a SUP for alcohol sales, proposing the sale of beer, wine and alcohol. PD 30 development standards don’t regulate alcohol sales, we must rely on Town and State laws. Social Oak is in compliance with the 300’ separation requirements from schools, churches and hospitals. On-site parking requirements have been met. Public notice has been distributed with no inquiries to date. P&Z considered this item on March 10th and unanimously recommended the approval of this SUP. 5 March 22, 2022 Page 3 of 8 6 2 1 Mayor Pro Tem Lamont made a motion to approve Ordinance 2022-06 for a request made by Social Oak for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use. Council Member Sheridan seconded the motion. The motion carried with all Council Members present and voting. 14. Case SUP-22-002 (Social Oak Lounge Alcohol Off-Premises) a. Conduct a Public Hearing regarding a request made by Social Oak Lounge for a Specific Use Permit for alcoholic beverage sales for off-premises consumption to be sold from Social Oak Lounge, located at 2230 E Highway 114 #550. (M. Cox) b. Take appropriate action regarding Ordinance 2022-07 for a request made by Social Oak Lounge for a Specific Use Permit for alcoholic beverage sales for off-premises consumption to be sold from Social Oak Lounge, located at 2230 E Highway 114 #550. Mayor Fleury opened a public Hearing for SUP-22-002 at 7:30 pm. There was no one registered to speak on this item. Mr. Cox explained that this was the same as SUP-22-001 except for off-premises alcohol consumption. P&Z also considered this item on March 10th and recommended approval. Mayor Pro Tem Lamont made a motion to approve Ordinance 2022-07 for a request made by Social Oak for a Specific Use Permit for alcoholic beverage sales for off-premises consumption in conjunction with a restaurant use. Council Member Monger seconded the motion. The motion carried with all Council Members present and voting. Owners of Social Oak gave a presentation on the Social Oak concept. They explained that it is more of a lounge than a bar. It’s a great place to stop after dinner for place to have a drink with friends. Unique services are self-serve wine stations where you determine the portion size – from just a taste, a regular glass or a larger glass. They will also have tapas style food. 15. Case PD 22-001 (54 & 56 Meadowbrook Lane) a. Conduct a Public Hearing regarding a request to rezone approximately 1.0055 acres of land, 54 and 56 Meadowbrook Lane, of the Last Acre Addition, Lots 1 and 2, Block A, from R-12 Single Family Residential District to a PD Planned Development District R-12 to allow for fencing along the front and side of the properties. (H-E. Beadle) b. Take appropriate action regarding Ordinance 2022-08 for a request to rezone approximately 1.0055 acres of land, 54 and 56 Meadowbrook Lane, of the Last Acre Addition, Lots 1 and 2, Block A, from R-12 Single Family Residential District to a PD Planned Development District R-12 to allow for fencing along the front and side of the properties. (H-E. Beadle) Mayor Fleury opened a public Hearing for PD 22-001 (54 & 56 Meadowbrook Lane) at 7:40 pm. There was no one registered to speak on this item. Mr. Cox introduced Helen-Eve Beadle. Ms. Beadle noted the location of the two lots in question and current zoning is R-12 which is a minimum of 12,000 s.f. per lot. Both of the existing lots are just over 1 acre each (43,560/acre). The owner of the two lots has requested the addition of a screening wall/fence. Some sections would be a solid wall, other areas would be a solid wall up to 36” and the rest decorative metal. The code has a couple of areas defining where fences are to go on residential lots and setback requirements. There are a couple of conflicting points within the ordinance. The Planned Development is an excellent tool to use when there are conflicting items that you need to work through. They propose to place the wall/fence 25 feet from the curb line and no closer than 12 feet from the front property line. The balance of the wall/fence will be placed on the property line. Ms. Beadle also presented a landscape plan. Public hearing notices were posted per Town regulations. P&Z received a letter of full support from within the notification area and at the P&Z meeting to approve this application seven property owners showed up in full support, as well. The P&Z Commission unanimously recommended the PD for approval at their March 10th meeting. Mr. Carroll noted that we have received one letter in dissension to this application. Council Member Shoffner requested more information on the conflicting ordinances mentioned by Ms. Beadle. Ms. Beadle clarified that one section of code states that a fence must be 10’ behind the front elevation of the primary structure. Side yard 6 March 22, 2022 Page 4 of 8 6 2 1 adjacent to a side street, the side yard fence shall be located within the side yard building setback and shall not extend beyond the building line of the side yard adjacent to a side street. Another section of code allows for projections into required yards for certain architectural features, fences, walls and hedges that may project into or be located in required yards as follows: fences and walls adjacent to streets and located on corner lots shall be located on the setback line as established by the front and side yard regulations of the district. Council Member Shoffner suggested that we either need to change our ordinances to allow this, or if this application is not allowed to keep our ordinances the same. He doesn’t feel that this is the correct route to accomplish this. Creating a PD shouldn’t be a way to circumvent our ordinances. The ordinances were created to have uniformity throughout town. Mayor Fleury noted that when you create a code or ordinance you can’t plan for every scenario that may come up. Mr. Carroll commented that Staff went this route because they didn’t feel that the applicant had a hardship, he had the support of his neighbors and we didn’t feel that this would hurt the town. Staff felt like a PD was good solution since he had the support of his neighbors. Because of the zoning this case does not set a precedent for other areas of town. Council Member Oldham noted that these two lots together were a subdivision and we don’t have this scenario anywhere else in town. Mr. Carroll noted that staff was already looking at codes and ordinances that may be conflicting. He suggested that a Code Review Council Subcommittee be created to work with staff in rewording and updating ordinances. Mayor Pro Tem Lamont made a motion to approve Ordinance 2022-08 for a request to rezone approximately 1.0055 acres of land, 54 and 56 Meadowbrook Lane, of the Last Acre Addition, Lots 1 and 2, Block A, from R-12 Single Family Residential District to a PD Planned Development District R-12 to allow for fencing along the front and side of the properties. Council Member Beach seconded the motion. The motion carried as follows: AYE: Monger, Beach, Oldham, Mayor Pro Tem Lamont, Mayor Fleury, NAY: Sheridan, Shoffner ABSENT:None INDIVIDUAL ITEMS 16. Acceptance and authorization to distribute Annual Comprehensive Financial Report after final review by Town Council and Management (M. Erwin) Mr. Erwin stated that the Annual Comprehensive Financial Report was almost complete, it’s currently getting a final review by the national office. He is seeking acceptance of the report now so when it is complete they can file it because by law it has to be filed by March 31st and there isn’t another council meeting before that date. Mayor Pro Tem Lamont made a motion to accept and authorize the distribution of the Trophy Club Annual Comprehensive Financial Report. Council Member Monger seconded the motion. The motion carried with all Council Members present and voting. 17. Take appropriate action to approve Resolution 2022-04 supporting the use of ARPA Funds (M. Erwin) Mr. Carroll stated that the use of ARPA funds was discussed at the January Council Retreat and he was eager to start some projects that were planned with the use of these funds. He noted the allowable expenses that could be funded through the ARPA program. We have received $1.5 million that are currently set aside in a separate account. We want to make sure that we use these funds only for allowable expenses because of the potential for a federal audit. We expect to receive another $1.5 million in October or November. We plan to allocate these funds to cover lost revenues due to COVID, offset additional operating costs directly related to COVID, to offer one-time payments to employees with amounts determined by job duties during COVID, and $2.3 million to be allocated to stormwater projects. Mayor Fleury thanked Mr. Carroll for applying for these funds since we would not have received them without applying for them. Mayor Pro Tem Lamont made a motion to approve Resolution 2022-04 supporting the use of ARPA Funds. Council Member Beach seconded the motion. The motion carried with all Council Members present and voting. 7 March 22, 2022 Page 5 of 8 6 2 1 18. Review Future Agenda Items List (W. Carroll) Mr. Carroll noted that staff has selected Halff Associates for the design of the entryways. We only received one reply to the sculptor RFQ. We have reached out to Halff Associates for a list of sculptors so we can make sure that we are providing the right product at the right cost. The strategic plan is still on track. Directors will meet tomorrow to continue the process. The Veteran’s Memorial is still progressing. The plaques and monument have been ordered and the plaques should be replaced soon. EXECUTIVE SESSION 19.Pursuant to the following designated sections of the Texas Government Code Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session: a) Section 551.087 Economic Development – Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b) Section 551.071 Attorney-Client Privilege – Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club Citizens. c) Section 551.074 Personnel Matters – Annual performance evaluation of Town Secretary/Town Governance Officer per contract. Case PP-21-004 (The Cypress Estates at Trophy Club) RECONVENE INTO REGULAR SESSION Mayor Fleury reconvened the meeting into Regular Session at 10:20 pm. 20. Take appropriate action on the Executive Session Item. Mayor Pro Tem Lamont made a motion to accept the verbal retirement extended to Council by the Town Governance Officer / Town Secretary effective immediately. Council Member Monger seconded the motion. The motion carried with all Council Members present and voting. ADJOURN Mayor Fleury adjourned the meeting at 10:24 PM. _ Alicia L. Fleury, Mayor Attest: _ Anita Otterson Acting Town Secretary 8 Page 1 of 1 1 0 7 8 To: Mayor Fleury and Town Council From: Patrick Arata, Police Chief CC: Wade Carroll, Town Manager Anita Otterson, Acting Town Secretary Re: Resolution 2022-03 Accepting Grant for Body Camera Purchase Date: Town Council Meeting - March 22, 2022 Agenda Item: Take appropriate action to approve Resolution 2022-03 accepting a partial grant from the US Department of Justice in the amount of $21,525 for New Police Body Cameras. (P. Arata) Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: Staff is requesting that Council accept the grant from the US Department of Justice for the purchase of body cameras for the Police Department. The body cameras replacement plan was to begin in FY2022-2023 by replacing 10 cameras & accessories at $12,000 annually for 3.5 years. This Grant provides for the purchase of all 30 cameras & accessories in one year. The TCPD applied for and received a grant covering half the cost of new replacement body cameras. The total cost is $42,000.00 with the grant reimbursing the CCPD Fund $21,000.00. Remaining funds will come from available funds in the CCPD Fund. The CCPD Board approved this purchase Jan. 27, 2022. Financial Considerations: Funding is available in the CCPD Fund with the approval of FY22 Budget Amendment #1 in the amount of $42,000 in expenditures and $21,000 in grant revenues. Legal Review: Town Attorney Dodd has reviewed the grant. Staff Recommendation: Staff recommends approval of Resolution 2022-03 accepting a grant from the US Dept. of Justice. Town Council Approval: _______________________ Mayor or Designee 9 TOWN OF TROPHY CLUB RESOLUTION 2022-03 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVENOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR POLICE BODY CAMERA FUNDING FOR THE 2021- 2022 FISCAL YEAR; DESIGNATING AND AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE AS THE TOWN’S AUTHORIZED OFFICIAL TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that Police Body Camera Grant Program to be operated in the 2021-2022 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to receive the grant from the Department of Justice’s Office of Justice Program (OJP) and Justice and Security Strategies (JSS); and WHEREAS. The Town of Trophy Club agrees that in the event of loss or misuse of the Department of Justice’s Office of Justice funds, the Town of Trophy Club assures that the funds will be returned to the Department of Justice in full; and WHEREAS, the Town of Trophy Club designates Wade Carroll, Town Manager as the grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB, TEXAS: Section1. The Town of Trophy Club hereby approves the submission of a grant application for the Police Body Camera Funding from the Department of Justice’s Office of Justice Programs, and authorizes the Town Manager or his designee to execute all documents. Section 2. This Resolution shall become effective from and after the date of passage in accordance with law. PASSED AND APPROVED by the Trophy Club Town Council on this _____________ day of ____________________, 2022. _____________________________ Alicia Fleury, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM _________________________ _________________________ Anita Otterson, Acting Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Trophy Club, Texas Grant Application Number: 29209380 10 11 12 13 14 15 16 17 18 19 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Wade Carroll, Town Manager Anita Otterson, Acting Town Secretary Re: New Police Body Camera purchase supported by a Grant. Town Council Meeting, April 12, 2022 Agenda Item: Consider and take appropriate action regarding the purchase of new body cameras for the police department; and authorizing the Town Manager to execute all necessary documents (P. Arata). Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: The Police Department applied for and received a grant that will cover half the cost of new police body cameras. The total cost is $42,000.00 with the grant reimbursing the Town $21,000.00 (Grant funds $21,525.00). The CCPD will fund the total cost and then be reimbursed. The CCPD Board approved this purchase during the January 27, 2022, meeting. The Grant is under the U.S. Department of Justice, Office of Justice Programs for FY 2022. Financial Considerations: Funding for this item is located in the CCPD Budget under small equipment. Budget Amendment #1 increase funding for this expenditure by $42,000 and recognized grant revenue of $21,525. Legal Review: Town Council Dodd has reviewed the request and grant. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of purchase request. Attachments: 20 Page 2 of 2 Purchase order Camera Quote Town Council Approval: Mayor or designee 21 Quote For: Trophy Club Police Department Attn: Patrick Arata Reference: Trophy Club 30 V300 ELC Quote By: WatchGuard Video / Motorola Solutions Lee Stoa Date: 02-01-22 Serving Law Enforcement with the Most Compelling, Quality Video Products 22 The Wall Street Journal Management Top 250, No. 92, November 2019 Fortune World’s Most Admired Companies, No. 3 in Networks and Other Communications Equipment, January 2019 AWARDS Forbes World’s Best Employers, October 2018 Dow Jones Sustainability North American Index, September 2018 WayUp Top 100 Internship Programs, August 2019 MOTOROLA SOLUTIONS Motorola Solutions is a global leader in mission-critical communications. Our technology platforms in communications, command center software, video security & analytics, and managed & support services make cities safer and help communities and businesses thrive. TECHNOLOGY PLATFORMS BY THE NUMBERS MISSION-CRITICAL COMMUNICATIONS COMMAND CENTER SOFTWARE VIDEO SECURITY & ANALYTICS MANAGED & SUPPORT SERVICES $7.3 BILLION in annual sales (2018) $637 MILLION in R&D spending (2018) $3.3 BILLION in acquisitions spending since 2016 17,000+ EMPLOYEES in 60 countries 100,000+ CUSTOMERS in over 100 countries 6,900+ PATENTS granted and pending 13,000 NETWORKS across the globe HEADQUARTERS 500 W. Monroe Chicago IL USA MEDIA CONTACT Brittany Kelly | 224-246-3914 brittnay.kelly@motorolasolutions.com CHAIRMAN & CEO Greg Brown Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. 12-2019 We have a rich history of firsts, including pioneering mobile communications in the 1930s, making equipment that carried the first words from the moon in 1969 and developing the first commercial handheld cellular phone in 1983. Today, our global employees are committed to designing and delivering the solutions our customers refer to as their lifeline. At Motorola Solutions, we are ushering in a new era in public safety and security. Page 1 of 5 23 WatchGuard Video 415 E. Exchange Allen, TX 75002 (P) 800-605-6734 (F) 212-383-9661 Issued To: Trophy Club Police Department - Attention: Patrick Arata Date: 02-01-22 Project Name: Trophy Club 30 V300 ELC Quote ID: 8XH-0045-02 PROJECT QUOTATION We at WatchGuard Video are pleased to quote the following systems for the above referenced project: Qty Item # Description (30) BW -V30-10-- V300, WiFi/Bluetooth Wearable Camera, with Magnetic Chest Mount ● V300, WiFi/Bluetooth Wearable Camera ● Magnetic Chest Mount (3) BW -ACK-V3-TSC Pre Configured V300 Transfer Station II with Power Supply and Cables. ● V300 Transfer Station II ● TS02, D350, 8-Slot Rack Mount Charge/Upload Dock, 10GB ● includes kit with Power Supply and Cables. (15) WGP02614 V300, Battery, Removable and Rechargable, 3.8V, 4180mAh (30) WGW00300-001 Warranty, V300 1st Year (Months 1-12) Included (30) FRT-BWC-01 Shipping - BWC Unit ● Freight delivery for each Body Worn Camera Unit (3) FRT-MISC Miscellaneous Shipping ● Freight delivery for Hardware (Parts and/or Accessories) (6) WGC01001 Evidencelibrary.com, Software and Hosting, Unlimited Assigned, Annually per device (30) WGP02400-520 Evidence Library 5, VISTA/V300 Annual Device License & Support Fee (20) Vista Trade-in Vista Trade-in (2) Transfer Station Trade- in Transfer Station trade in Subtotal Price (Excluding sales tax) $42,000.00 Quote Notes: 1. This Quote is valid for 90 days from the Quote Date. Pricing may change thereafter. 2. Any sales transaction resulting from this Quote is based on and subject to the applicable Motorola's Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. 3. Motorola's Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. 4. Payment Terms: Equipment-Net 30 days upon shipment; Installation-Net 30 days upon completion; Services and Subscription Agreements-Net 30 days from receipt of Order. Page 2 of 5 24 5. The pricing in this Quote does not include any applicable taxes (e.g. sales/use tax). 6. UNLESS OTHERWISE NOTED IN THIS QUOTE / ORDER, INSTALLATION OF EQUIPMENT IS NOT INCLUDED Quoted by: Lee Stoa - Regional Sales Manager - 214-208-8787 - lee.stoa@motorolasolutions.com Subtotal Price $44,640.00 Total Discount $2,640.00 Total Price $42,000.00 (Excluding sales tax) Page 3 of 5 25 WATCHGUARD V300CONTINUOUS-OPERATION BODY CAMERA The WatchGuard V300 continuous-operation body camera with detachable battery, wireless uploading and expansive storage addresses law enforcement’s need for cameras to operate beyond a 12-hour shift. DATA SHEET | WATCHGUARD V300 BODY CAMERA Page 4 of 5 26 DETACHABLE BATTERY – Easily change the WatchGuard V300’s rechargeable battery while on the go. Keep an extra battery at the ready for unexpectedly long shifts, extra shifts or part-time jobs where a body camera is required. AUTOMATIC WIRELESS UPLOADING – Send critical video back to headquarters while still in the field. When docked in the vehicle, the V300 uploads to evidence management systems via wireless networks like LTE and FirstNet, anytime, anywhere. INTEGRATED WITH IN-CAR SYSTEM – One or more V300 cameras and a WatchGuard 4RE® in-car system can work seamlessly as a single system, capturing synchronized video of an incident from multiple vantage points. KEY FEATURES SPECIFICATIONS NATURAL FIELD OF VIEW – Eliminate the fisheye effect from wide-angle lenses that warps video footage. Our distortion correction technology provides a clear and complete evidence review process. ABSOLUTE ENCRYPTION – Elevate your data security with encryption at rest and in transit technology. V300 guards your data and your reputation. RECORD-AFTER-THE-FACT – Go back in time and capture video from events days after they happened, even when a recording wasn’t automatically triggered or initiated by the officer. Don’t rely on mere seconds of pre-event buffering to prove your case. Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 06-2020 For more information, visit www.motorolasolutions.com/v300 Microphones Dual Vertical Field of View Electronic Turret +15° /- 20° Field of View 130° Encryption At rest and in transit Dimensions 2.6 x 1.1 x 3.6 in (65 x 29 x 91 mm) W x D x H Weight 6.8 oz (193 g) Storage 128 GB IP Rating IP 67 Resolution 1080p, 720p and 480p Page 5 of 5 27 Town of Trophy Club PURCHASE REQUISITION PO Number Date 3/30/2022 Department PD Vendor (Name & Address)Delivery Address Motorola Solutions 1 Trophy Wood Drive Project# 415 E. Exchange Trophy Club, TX 76262 Allen, TX 75002 Lee Stoa 800-605-6734 Account Number Description Quantity Unit Amount Total Amount 04-251-78400 30 V300 WiFi Body Cameras 1 $42,000.00 $42,000.00 Replace the police body Cameras $0.00 $0.00 Buy Board 648-21 $0.00 Quote # 8XH-0045-02 $0.00 $0.00 $0.00 $0.00 $0.00 Total $42,000.00 Patrick Arata Requested by:Approved by: 28 Page 1 of 2 To: Mayor and Town Council From: Mike Erwin, Finance Director CC: Wade Carroll, Town Manager Anita Otterson, Interim Town Secretary Re: MUD Water Fees Rate Change Town Council Meeting, April 12, 2022 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town Council amending Appendix A, Fee Schedule, to establish fees and rates for water and sewer services to customers within Trophy Club. Services Rules and Policies are applicable to customers within the service area; and providing a penalty and effective date. Strategic Link: Infrastructure & Development – Collaborate effectively with other governmental entities Background and Explanation The TCMUD No. 1 Board of Directors met on March 21, 2022, to determine rate changes. When the MUD Board approves rate changes, the Town is required to adopt a Town Rate Order identical to the amended MUD Rate Order according to the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services. The changes provided on the attachments identify a slight rate decrease in water meter fees for residential and commercial applications. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and concurs with the Staff recommendation. 29 Page 2 of 2 Board/Commission/Committee Recommendation: The TCMUD No. 1 Board approved Rate Order No. 2022-0321A to amend water meter fees. Staff Recommendation: Staff recommends approval of Ordinance No. 2022-__, as submitted. Attachments: Ordinance 2022-__ Water Fees TCMUD No. 1 Rate Order No. 2022-0321A Mayor Alicia L. Fleury or designee 30 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 ORDER NO. 2022-0321A AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club Development; and WHEREAS, the District’s most recent Rate Order was adopted on September 20, 2021(Order No 2021-0920A), and additional modifications are needed. The District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this Rate Order No. 2022-0321A and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or District staff has certified that the System or applicable portion thereof is operable and meets all regulatory requirements. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any residential or commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. 31 At any residential or commercial establishment where an actual or potential contamination hazard exists, protection shall be required in the form of a backflow prevention assembly. The type of assembly required shall be specified by the District. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the District within ten (10) days after maintenance and/or testing is performed. If the Customer fails to comply with the terms of this Order, the District shall, at its option, either terminate service to the property or properly install, test, and maintain an appropriate backflow prevention device at the service connection at the expense of the Customer. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance, and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer’s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. 32 Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of at least six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of installation, including parts, equipment, and labor shall be eight-hundred dollars ($800.00), payable at the time of permitting. A residence of eight-thousand (8,000) square feet or greater, in addition to its regular one- inch (1”) water service line, shall have installed a separate one-and one-half (1 ½ “) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of the fire line and meter shall be either one thousand six hundred dollars ($1,600.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be five thousand nine hundred seventy five dollars ($5,975.00), payable at the time of permitting to the District. Section 1.03. Connections by District. All Connections to the District’s water and sewer system shall be made with written approval of the District and in accordance with the District’s Plumbing Code and its rules and regulations. No person except the General Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, or make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water system or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system. No sewer connection shall be covered in the ground and no house lead shall be covered in the ground before it has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed by the District are as follows: Water Service Taps: Size Fee for Tap Bore (if applicable) up to 1" Tap $ 2,500.00 $5,000.00 2" Tap $ 3,500.00 $10,000.00 3" Tap Quoted at time of request $10,000.00 4" Tap Quoted at time of request $10,000.00 6" Tap Quoted at time of request $10,000.00 8" Tap Quoted at time of request $10,000.00 10" Tap Quoted at time of request $10,000.00 Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work being performed. 33 When water taps have been made by someone other than the District personnel, there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter. Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re- inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re- inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each subsequent re-inspection. Inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). B. Backflow Inspections. Backflow installations (residential and commercial) that require annual inspections must have a certified Backflow Technician perform the testing and submit the report annually to the District. C. Swimming Pool Discharge into Sanitary Sewer System. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005, are not required to retrofit the pool equipment and tie into the sanitary sewer. However, swimming pool backwash and drainage must drain to grassy areas and is not permitted to flow into the storm drain system, creeks, or other waterways. For swimming pools discharging to the sanitary sewer system, an indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. 34 Section 1.06 Temporary Water Service-Construction Meters. A. Construction Meters. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum-security deposit of one-thousand-seven-hundred- seventy-five dollars ($1,775.00) for a three-inch (3”) meter and RPZ; one-thousand- four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Construction Meter Fees and Rates. Construction meters will be charged the same monthly rates (base fee and volumetric rate) for water as commercial accounts as set forth in Article II of this Rate Order. D. Temporary Construction Meter Use and Billing. Construction meters can be rented by filing an application at the District office and payment of all required deposits. Upon approval of the application, a temporary meter and RPZ will be provided to the applicant. Installation on any fire hydrant or flush valve must be approved by the District and District meters may only be used within the District’s service area. The location of installation must be indicated on the application and cannot be relocated unless notification is provided to and approved by the District in advance. Temporary meters may only be rented for a period of ninety (90) days and extensions may be approved upon request and approval. Failure to return a temporary meter or request a usage extension by the due date will result in repossession of the meter and forfeiture of the deposit. Upon return of a temporary construction meter, an inspection of the meter and RPZ will be performed. Any and all damages to the meter and/or RPZ will be charged to the customer and deducted from the deposit. If the deposit does not cover the total amount of damages, the balance will be billed to the customer and payment must be received by the due date. Failure to pay all charges due will result in suspension of rental privileges until payment in full and may result in collection procedures. E. Return of Temporary Meter at District Request. The District reserves the right to request the return of a temporary construction meter at any time determined 35 necessary by the District. Should Stage 2 Drought Restrictions or more stringent restrictions be implemented, all temporary construction meters must be returned within three (3) business days of notification by the District. Failure to promptly return the temporary meter within three business days will result in repossession of the meter and forfeiture of the deposit. Should District personnel be unable to locate the temporary meter for repossession, theft charges will be filed against the meter holder with local law enforcement. Section 1.07 Service Outside the District. The rates and charges stated in this Rate Order are for services to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon approval by the Board of Directors of the District. Out of District customers will pay the adopted rates for in district customers plus 15% for both water and sewer base and volumetric rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is considered “in-district” and subject to all rates and service provisions related to in-district customers. Section 1.08 Service to New Development and Extension of Facilities. A. New Service Connections and Extension of Facilities. New service connections and extension of facilities must be constructed and installed in accordance with the District’s Rules Governing New Service Connections and Extension of Facilities as approved through separate Resolution by the Board of Directors. Applicants for Non-Standard Service must submit all required information and pay all fees prior to conveyance of facilities and service commencement. B. Application Fee for Non-Standard Service. Upon request for non-standard service an application fee of $150 must be submitted. C. Design of Facilities. All water and wastewater facilities to be constructed to extend service to new developments must be designed by a professional engineer licensed in the State of Texas at the applicant’s expense. The District must approve the plans and specifications prior to the commencement of construction. At the time of plan review submittal, the applicant must provide payment to the District in the amount of $2,500.00 as deposit for review of each set of plans and specifications reviewed by the District’s engineer. The actual final fee for plan review by the District’s engineer shall be provided to the applicant upon approval of the plans. If there is a balance due over the $2,500 paid by the applicant at submittal, the balance due shall be paid by the applicant prior to receiving District approval of plans and specifications. District construction plans, and specifications shall be strictly adhered to, but the District reserves the right to change order any specifications, due to unforeseen circumstances during the design or construction of the proposed facilities, or as otherwise authorized by applicable laws, to better facilitate the operation of the facility. All expenses and costs associated with a change order shall be charged to the 36 applicant. Service to new developments is subject to available capacity in the District’s water and wastewater systems. All new potential developments must seek written approval from the General Manager that capacity is available to serve and may be required to install offsite improvements if capacity is not available with current system infrastructure. D. Inspection Fees. The District will inspect all infrastructure during construction. Inspection fees of $100 per lot must be paid to the District prior to a notice to proceed being issued. A minimum of $500 for inspection fees is required if less than five (5) lots are to be developed. Section 1.09 Water Meter Fees. METER SIZE WATER METER FEE 5/8" $318 1" $381 1-1/2" $780 2" Quoted at Time of Purchase 3" Quoted at Time of Purchase 4" Quoted at Time of Purchase 6" Quoted at Time of Purchase 8" Quoted at Time of Purchase 10" Quoted at Time of Purchase Fees must be received by the District before any connection is installed. A customer seeking service through an oversized connection line or from a meter larger than a one-inch (1”) standard meter shall follow the District’s policy for new development as outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees to pay the water and sewer rates as outlined in Article II of this Rate Order. Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection, shall also pay to the District the applicable City of Fort Worth Impact Fee. Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. 37 ARTICLE II SERVICE RATES Section 2.01. Water Service Rates. The following monthly rates for water service shall be in effect for each separate connection within the District. The base rate for each connection (meter) is calculated upon meter size and will be charged for each residential and commercial meter: (1) Water Rates BASE RATES: Meter Size Monthly Base Rate 5/8" & 3/4" $18.54 1" $34.84 1.5" $61.79 2" $98.87 3" $185.37 4" $308.95 6" $617.91 VOLUMETRIC RATES: Gallons Used Rate per 1000 gallons 0 to 6,000 $4.09 6,001 to 17,000 $4.76 17,001 to 25,000 $5.51 25,001 to 50,000 $6.40 50,001+ $7.44 (2) Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) served by a single 5/8” meter or 1” meter shall be billed the base rate for the meter size servicing the building multiplied by the number of units in the building or complex. 38 Section 2.02. Sewer Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each separate connection within the District: Residential Sewer Rates: The District uses winter averaging for the purpose of calculating sewer charges on utility bills. The sewer charges are based on average water consumption for three months (December, January and February billing). The average consumption will be analyzed annually and take effect the first of April each year. New customers will be assigned a default value user charge that is equal to the average winter water use for all residential customers. The winter average used for new residential customer is 7,000 gallons. A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the General Manager and have documentation showing the construction or repairs as applicable to the issue. The General Manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. A. Residential Sewer Rates: Effective April 1, 2022 Base Rate: $ 22.15 0 to 4,000 $ 3.57 4,001 to 8,000 $ 5.09 8,001 to 12,000 $ 7.18 12,000+ $ 10.22 B. Commercial Sewer Rates: Effective April 1, 2022 Base Rate: $ 22.15 Volumetric Rate:$ 6.78 *Commercial sewer usage is billed based on actual water usage per month 39 C. Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be billed based on actual water usage per month. Section 2.03 Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading minus the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the Texas Commission on Environmental Quality (“TCEQ”) in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. The regulatory assessment fee will be detailed separately on customer bills. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order. No reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builder’s Deposit. A seventy-five dollar ($75.00) security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, 40 subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Residential Owners. A security deposit of seventy-five ($75.00) shall be required from each residential owner customer for a single-family home connected to the District’s system. Upon discontinuation of service, the deposit shall be applied against amounts due, including disconnection fees. C. Commercial Deposits COMMERCIAL DEPOSITS METER SIZE WATER SEWER ¾” $75 $60 1” $100 $100 1.5” $250 $200 2” $500 $320 3” $1,000 $700 4” $1,800 $1,200 6” $3,750 $2,500 8” $5,400 $3,600 D. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. Upon discontinuation of service, the deposit shall be applied against amounts due, including any disconnection fees. E. Construction Meters. See Section 1.06 above. F. Other customers. A security deposit equal to two (2) months estimated average monthly water and sewer bill shall be required of all other customers including commercial and multi-unit accounts. G. Deposits. The District does not pay interest on deposits. The interest drawn by the District on customer deposits is returned into the operating budget of the water/sewer fund to help in providing the lowest possible water and sewer rates for our customers. Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: 41 A. Due Date and Delinquency. Charges for water and sewer service shall be billed monthly. Payment shall be due on or before the twentieth (20 th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of fifteen percent (15%) per month on water and sewer charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on or after the fifteenth (15th) day after the date of such notice unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first class United States mail and shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain the bill. If the customer appears before the Board, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether or not service will be disconnected. In the event of a service is disconnected more than two (2) times per calendar year (January through December) for non-payment, an additional Security Deposit of $150.00 will be required for Residential homeowners and $150.00 for Lessees to restore service in addition to a $50.00 service fee, and afterhours re-connection charges if applicable, and any outstanding balance in Arrears will need to be brought current. As set out above in Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service charge of $50.00 dollars will be added to the account. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at an additional after hour’s fee of one-hundred dollars ($100.00). C. Business Hours. For purposes of assessing the foregoing charges, “normal” or “regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday. All other times, including District holidays, are outside of the District’s normal business hours and will result in the higher charge. D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will be charged to the customer’s account for any check or ACH bank draft returned by 42 the bank. Any amounts due on an account which have been paid with a check or ACH bank draft that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within ten (10) days from the day the District mails notice to the customer or otherwise notifies the customer that the check or ACH bank draft has been returned by the bank. E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall be made when a customer requests same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to perform re-reads the same day as requested. F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. **Should a customer request that a meter be removed, and bench tested by an outside source, then a fee of one-hundred-twenty- five dollars ($125.00) will be charged to the customer. If the meter fails to meet American Water Works Association standards for in-service meters, then the customer will be given a credit offsetting the amount of the charge. https://www.awwa.org/publications/journal-awwa/abstract/articleid/34055179.aspx G. Meter Data Logging Fee. Each customer will be allowed one data log at no- cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter data logging service performed thereafter. Meter data logging service can only be provided during regular business hours. Section 3.03. Entitlement. Water and sewer service shall be provided to customers in accordance with all TCEQ rules covering minimum water and sewer standards. Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a damage fee not to exceed five-thousand 43 dollars ($5,000.00), plus any applicable charge for same day service. The District also reserves the right to file civil and/or criminal charges against any person or entity tampering with the District’s public water system and/or sewer system. B. Repair. It is the responsibility of the customer to maintain and repair the water service line from the point of connection to the District’s water meter. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Easements. Before service is established to any customer, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.07. Required Service. No service will be provided by the District unless the customer agrees to receive both water and sewer service, except that permanent irrigation only meters may receive water service only. Irrigation meters cannot be connected to any building plumbing. Section 3.08. Additional Charges. In all cases where services are performed, and equipment or supplies are furnished to a party or entity not within the District, the charge to said party or entity shall be the District’s cost of providing such services, equipment and/or supplies, plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished by the District under an existing Interlocal Agreement. ARTICLE IV INDUSTRIAL WASTE Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste shall be effective: A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as 44 amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge, Charges, and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or 45 damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of Directors of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “2022-0321A Rate Order” (Order No. 2022-0321A ) of the District. All previous Orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII EFFECTIVE DATE This Order shall be effective on April 1, 2022. 46 ARTICLE IX PUBLIC MEETING It is hereby found that the meeting at which this Order is adopted is open to the public as required by law, and that public notice of the time, place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. ADOPTED AND APPROVED this 21st day of March 2022. _________________________________ Steve Flynn, President Board of Directors _________________________________ (SEAL) Kelly Castonguay, Secretary/Treasurer Board of Directors 47 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 ORDER NO. 20212-0920A0321A AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club Development; and WHEREAS, the District’s most recent Rate Order was adopted on September 2120, 2020 2021(Order No 20201-0920BA), and additional modifications are needed. The District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this Rate Order No. 20212-039201A and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or District staff has certified that the System or applicable portion thereof is operable and meets all regulatory requirements. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any residential or commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. 48 At any residential or commercial establishment where an actual or potential contamination hazard exists, protection shall be required in the form of a backflow prevention assembly. The type of assembly required shall be specified by the District. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the District within ten (10) days after maintenance and/or testing is performed. If the Customer fails to comply with the terms of this Order, the District shall, at its option, either terminate service to the property or properly install, test, and maintain an appropriate backflow prevention device at the service connection at the expense of the Customer. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer’s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. 49 Section 1.02.Residential Fire Lines, Connections, and Fees. A residence of at least six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of installation, including parts, equipment, and labor shall be eight-hundred dollars ($800.00), payable at the time of permitting. A residence of eight-thousand (8,000) square feet or greater, in addition to its regular one- inch (1”) water service line, shall have installed a separate one-and one-half (1 ½ “) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of the fire line and meter shall be either one thousand six hundred dollars ($1,600.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be five thousand nine hundred seventy five dollars ($5,975.00), payable at the time of permitting to the District. Section 1.03. Connections by District. All Connections to the District’s water and sewer system shall be made with written approval of the District and in accordance with the District’s Plumbing Code and its rules and regulations. No person except the General Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, or make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water system or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system. No sewer connection shall be covered in the ground and no house lead shall be covered in the ground before it has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed by the District are as follows: Water Service Taps: Size Fee for Tap Bore (if applicable) up to 1" Tap $1,200 2,500.00 $5,000.00 2" Tap $1,800 3,500.00 $10,000.00 3" Tap $4,500.00Quoted at time of request $10,000.00 4" Tap Quoted at time of request$5,500.00 $10,000.00 6" Tap Quoted at time of request$6,500.00 $10,000.00 8" Tap Quoted at time of request$7,500.00 $10,000.00 10" Tap Quoted at time of request$8,500.00 $10,000.00 50 Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work being performed. When water taps have been made by someone other than the District personnel, there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter. Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re- inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re- inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each subsequent re-inspection. Inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). B. Backflow Inspections. Backflow installations (residential and commercial) that require annual inspections must have a certified Backflow Technician perform the testing and submit the report annually to the District. C. Swimming Pool Discharge into Sanitary Sewer System. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie into the sanitary sewer. However, swimming pool backwash and drainage must drain to grassy areas and is not permitted to flow into the storm drain system, creeks, or other waterways. For swimming pools discharging to the sanitary sewer system, an indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in 51 and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Section 1.06 Temporary Water Service-Construction Meters. A. Construction Meters. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum-security deposit of one-thousand-seven-hundred- seventy-five dollars ($1,775.00) for a three-inch (3”) meter and RPZ; one-thousand- four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Construction Meter Fees and Rates. Construction meters will be charged the same monthly rates (base fee and volumetric rate) for water as commercial accounts as set forth in Article II of this Rate Order. D. Temporary Construction Meter Use and Billing. Construction meters can be rented by filing an application at the District office and payment of all required deposits. Upon approval of the application, a temporary meter and RPZ will be provided to the applicant. Installation on any fire hydrant or flush valve must be approved by the District and District meters may only be used within the District’s service area. The location of installation must be indicated on the application and cannot be relocated unless notification is provided to and approved by the District in advance. Temporary meters may only be rented for a period of ninety (90) days and extensions may be approved upon request and approval. Failure to return a temporary meter or request a usage extension by the due date will result in repossession of the meter and forfeiture of the deposit. Upon return of a temporary construction meter, an inspection of the meter and RPZ will be performed. Any and all damages to the meter and/or RPZ will be charged to the customer and deducted from the deposit. If the deposit does not cover the total 52 amount of damages, the balance will be billed to the customer and payment must be received by the due date. Failure to pay all charges due will result in suspension of rental privileges until payment in full and may result in collection procedures. E. Return of Temporary Meter at District Request. The District reserves the right to request the return of a temporary construction meter at any time determined necessary by the District. Should Stage 2 Drought Restrictions or more stringent restrictions be implemented, all temporary construction meters must be returned within three (3) business days of notification by the District. Failure to promptly return the temporary meter within three business days will result in repossession of the meter and forfeiture of the deposit. Should District personnel be unable to locate the temporary meter for repossession, theft charges will be filed against the meter holder with local law enforcement. Section 1.07 Service Outside the District. The rates and charges stated in this Rate Order are for services to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon approval by the Board of Directors of the District. Out of District customers will pay the adopted rates for in district customers plus 15% for both water and sewer base and volumetric rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is considered “in-district” and subject to all rates and service provisions related to in-district customers. Section 1.08 Service to New Development and Extension of Facilities. A. New Service Connections and Extension of Facilities. New service connections and extension of facilities must be constructed and installed in accordance with the District’s Rules Governing New Service Connections and Extension of Facilities as approved through separate Resolution by the Board of Directors. Applicants for Non-Standard Service must submit all required information and pay all fees prior to conveyance of facilities and service commencement. B. Application Fee for Non-Standard Service. Upon request for non-standard service an application fee of $150 must be submitted. C. Design of Facilities. All water and wastewater facilities to be constructed to extend service to new developments must be designed by a professional engineer licensed in the State of Texas at the applicant’s expense. The District must approve the plans and specifications prior to the commencement of construction. At the time of plan review submittal, the applicant must provide payment to the District in the amount of $2,500.00 as deposit for review of each set of plans and specifications reviewed by the District’s engineer. The actual final fee for plan review by the District’s engineer shall be provided to the applicant upon approval of the plans. If there is a balance due over the $2,500 paid by the applicant at submittal, the balance due shall 53 be paid by the applicant prior to receiving District approval of plans and specifications. District construction plans, and specifications shall be strictly adhered to, but the District reserves the right to change order any specifications, due to unforeseen circumstances during the design or construction of the proposed facilities, or as otherwise authorized by applicable laws, to better facilitate the operation of the facility. All expenses and costs associated with a change order shall be charged to the applicant. Service to new developments is subject to available capacity in the District’s water and wastewater systems. All new potential developments must seek written approval from the General Manager that capacity is available to serve and may be required to install offsite improvements if capacity is not available with current system infrastructure. D. Inspection Fees.The District will inspect all infrastructure during construction. Inspection fees of $100 per lot must be paid to the District prior to a notice to proceed being issued. A minimum of $500 for inspection fees is required if less than five (5) lots are to be developed. Section 1.09 Water Meter Fees. METER SIZE WATER METER FEE 5/8" $318 1"$381 1-1/2"$780 2"Quoted at Time of Purchase 3"Quoted at Time of Purchase 4"Quoted at Time of Purchase 6"Quoted at Time of Purchase 8"Quoted at Time of Purchase 10"Quoted at Time of Purchase Fees must be received by the District before any connection is installed. A customer seeking service through an oversized connection line or from a meter larger than a one-inch (1”) standard meter shall follow the District’s policy for new development as outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees to pay the water and sewer rates as outlined in Article II of this Rate Order. 54 Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection, shall also pay to the District the applicable City of Fort Worth Impact Fee. Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. ARTICLE II SERVICE RATES Section 2.01. Water Service Rates. The following monthly rates for water service shall be in effect for each separate connection within the District. The base rate for each connection (meter) is calculated upon meter size and will be charged for each residential and commercial meter: (1) Water Rates BASE RATES: Meter Size Monthly Base Rate 5/8" & 3/4"$18.54 1"$34.84 1.5"$61.79 2"$98.87 3"$185.37 4"$308.95 6"$617.91 VOLUMETRIC RATES: Gallons Used Rate per 1000 gallons 0 to 6,000 $4.09 6,001 to 17,000 $4.76 17,001 to 25,000 $5.51 25,001 to 50,000 $6.40 50,001+ $7.44 55 (2) Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) served by a single 5/8” meter or 1” meter shall be billed the base rate for the meter size servicing the building multiplied by the number of units in the building or complex. Section 2.02. Sewer Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each separate connection within the District: Residential Sewer Rates: The District uses winter averaging for the purpose of calculating sewer charges on utility bills. The sewer charges are based on average water consumption for three months (December, January and February billing). The average consumption will be analyzed annually and take effect the first of April each year. New customers will be assigned a default value user charge that is equal to the average winter water use for all residential customers. The winter average used for new residential customer is 7,000 gallons. A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the General Manager and have documentation showing the construction or repairs as applicable to the issue. The General Manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. A. Residential Sewer Rates: Effective April 1, 20202 Base Rate:$ 22.15 0 to 4,000 $ 4.10 3.57 4,001 to 8,000 $ 5.85 5.09 8,001 to 12,000 $ 8.25 7.18 12,000+$ 11.75 10.22 B. Commercial Sewer Rates: Effective April 1, 2020 Base Rate:$ 22.15 56 Volumetric Rate:$ 6.94 6.78 *Commercial sewer usage is billed based on actual water usage per month C. Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be billed based on actual water usage per month. Section 2.03 Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading minus the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the Texas Commission on Environmental Quality (“TCEQ”) in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. The regulatory assessment fee will be detailed separately on customer bills. Section 2.07.No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order. No reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers. ARTICLE III SERVICE POLICY Section 3.01.Security Deposits. Security deposits shall be required as follows: A. Builder’s Deposit. A seventy-five dollar ($75.00) security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is 57 refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Residential Owners. A security deposit of seventy-five ($75.00) shall be required from each residential owner customer for a single-family home connected to the District’s system. Upon discontinuation of service, the deposit shall be applied against amounts due, including disconnection fees. C. Commercial Deposits COMMERCIAL DEPOSITS METER SIZE WATER SEWER ¾”$75 $60 1”$100 $100 1.5”$250 $200 2”$500 $320 3”$1,000 $700 4”$1,800 $1,200 6”$3,750 $2,500 8”$5,400 $3,600 D. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. Upon discontinuation of service, the deposit shall be applied against amounts due, including any disconnection fees. E. Construction Meters. See Section 1.06 above. F. Other customers. A security deposit equal to two (2) months estimated average monthly water and sewer bill shall be required of all other customers including commercial and multi-unit accounts. G. Deposits. The District does not pay interest on deposits. The interest drawn by the District on customer deposits is returned into the operating budget of the 58 water/sewer fund to help in providing the lowest possible water and sewer rates for our customers. Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: A. Due Date and Delinquency. Charges for water and sewer service shall be billed monthly. Payment shall be due on or before the twentieth (20th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of fifteen percent (15%) per month on water and sewer charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on or after the fifteenth (15th) day after the date of such notice unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first class United States mail and shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain the bill. If the customer appears before the Board, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether or not service will be disconnected. In the event of a service is disconnected more than two (2) times per calendar year (January through December) for non-payment, an additional Security Deposit of $150.00 will be required for Residential homeowners and $150.00 for Lessees to restore service in addition to a $50.00 service fee, and afterhours re-connection charges if applicable, and any outstanding balance in Arrears will need to be brought current. As set out above in Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service charge of $50.00 dollars will be added to the account. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at an additional after hour’s fee of one-hundred dollars ($100.00). 59 C. Business Hours. For purposes of assessing the foregoing charges, “normal” or “regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday. All other times, including District holidays, are outside of the District’s normal business hours and will result in the higher charge. D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will be charged to the customer’s account for any check or ACH bank draft returned by the bank. Any amounts due on an account which have been paid with a check or ACH bank draft that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within ten (10) days from the day the District mails notice to the customer or otherwise notifies the customer that the check or ACH bank draft has been returned by the bank. E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall be made when a customer requests same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to perform re-reads the same day as requested. F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. **Should a customer request that a meter be removed, and bench tested by an outside source, then a fee of one-hundred-twenty- five dollars ($125.00) will be charged to the customer. If the meter fails to meet American Water Works Association standards for in-service meters, then the customer will be given a credit offsetting the amount of the charge. https://www.awwa.org/publications/journal-awwa/abstract/articleid/34055179.aspx G. Meter Data Logging Fee. Each customer will be allowed one data log at no- cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter data logging service performed thereafter. Meter data logging service can only be provided during regular business hours. Section 3.03. Entitlement. Water and sewer service shall be provided to customers in accordance with all TCEQ rules covering minimum water and sewer standards. Section 3.04.Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. 60 A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a damage fee not to exceed five-thousand dollars ($5,000.00), plus any applicable charge for same day service. The District also reserves the right to file civil and/or criminal charges against any person or entity tampering with the District’s public water system and/or sewer system. B. Repair. It is the responsibility of the customer to maintain and repair the water service line from the point of connection to the District’s water meter. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Easements. Before service is established to any customer, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.07.Required Service. No service will be provided by the District unless the customer agrees to receive both water and sewer service, except that permanent irrigation only meters may receive water service only. Irrigation meters cannot be connected to any building plumbing. Section 3.08. Additional Charges. In all cases where services are performed, and equipment or supplies are furnished to a party or entity not within the District, the charge to said party or entity shall be the District’s cost of providing such services, equipment and/or supplies, plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished by the District under an existing Interlocal Agreement. ARTICLE IV INDUSTRIAL WASTE 61 Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste shall be effective: A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge, Charges, and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is 62 located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of Directors of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “20212-0920A321A Rate Order” (Order No. 2021- 09202022-0321A ) of the District. All previous Orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII 63 EFFECTIVE DATE This Order shall be effective on October 1, 2021April 1, 2022. ARTICLE IX PUBLIC MEETING It is hereby found that the meeting at which this Order is adopted is open to the public as required by law, and that public notice of the time, place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. ADOPTED AND APPROVED this 201thst day of September March 20212. _________________________________ Steve Flynn, President Board of Directors _________________________________ (SEAL) Kelly Castonguay, Secretary/Treasurer Board of Directors 64 1 0 8 2 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2022-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTIONS (F) MONTHLY RESIDENTIAL WASTEWATER FEES AND (G) MONTHLY COMMERCIAL WASTEWATER FEES, OF SECTION A1.014, WATER AND WASTEWATER FEES FOR THE TOWN, OF ARTICLE A1.000, GENERAL PROVISIONS, OF APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified in Appendix A of the Code of Ordinances of the Town; and WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy Club Code of Ordinances contains fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter "PID"), including fees for meters utilized within the PIO; and WHEREAS, the Town of Trophy Club (the "Town") is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants of the Trophy Club Public Improvement District No. 1 (the "Town System"); and WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1 dated July 25, 2017 (the "Contract"), the Trophy Club Municipal Utility District No. 1 (the "MUD") has agreed to provide the Town with wholesale water and wastewater services and with operations services related to the Town System within the boundaries of the PID Property, as that term is defined in the Contract; and WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order. The Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order provided that the Town has received receipt of the amended or revised MUD Rate Order at least 96 hours before a regularly scheduled Council meeting. In the event that 65 Page 2 of 5ORD 2022-__ the Town receives receipt of the amended or revised MUD Rate Order with less than 96 hours before a regularly scheduled Council meeting then the Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order at the second regularly scheduled Council meeting after receiving receipt of the amended or revised MUD Rate Order; and WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt retail water and wastewater service rules, regulations and policies at least as stringent as the provisions of amended or revised MUD service rules, regulations or policies (the "MUD Service Rules and Policies") within sixty (60) days of Town's receipt of the amended or revised MUD Service Rules and Policies; and WHEREAS, the Town received a revised MUD Rate Order, with revised MUD Service Rules and Policies, on March 22, 2022 with an effective date of April 1, 2022; and WHEREAS, the Town Council hereby finds that amending Subsections (f) and (g)of Section A1.014, Water and wastewater fees for PIO No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances, as further specified herein, meets its contractual obligations pursuant to the Contract and serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Subsections (f) and (g) of Section A1.014, Water and wastewater fees for PID No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: "APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1 66 Page 3 of 5ORD 2022-__ (f)Monthly residential (single-family homes) wastewater fees - effective April 1, 2022: (1)The district uses winter averaging for the purpose of calculating sewer charges on utility bills. The sewer charges are based on average water consumption for three months (December, January and February billing). The average consumption will be analyzed annually and take affect the first of April each year. (2)New customers will be assigned a default value user charge that is equal to the average winter water use for all residential customers. The winter average used for new residential customer is 7,000 gallons. (3)A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the General Manager and have documentation showing the construction or repairs as applicable to the issue. The General Manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. (A)Base rate: $22.15. (B) 0-4,000 gallons: $3.57/1,000 gallons (C) 4,001-8,000 gallons: $5.09/1,000 gallons. (D) 8,001-12,000 gallons: $7.18/1,000 gallons. (E) >12,001 gallons: $10.22/1,000 gallons. (g)Monthly commercial wastewater fees - effective April 1, 2022: (1)Base rate: $20.60. (2)Volumetric rate: $6.78/1,000 gallons. Commercial sewer usage is billed based on actual water usage per month. " 67 Page 4 of 5ORD 2022-__ SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 68 Page 5 of 5ORD 2022-__ SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on April 1, 2022 in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2022. _______________________ Alicia M. Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: _______________________ Anita Otterson Interim Town Secretary Town of Trophy Club, Texas DTOAS FORM: own Attorney lub, Texas 69 Page 1 of 2 To: Mayor and Town Council From: Mike Erwin, Finance Director CC: Wade Carroll, Town Manager Anita Otterson, Interim Town Secretary Re: MUD Water Fees Rate Change Town Council Meeting, April 26, 2022 Agenda Item: Consider and take appropriate action increasing PO Number 22-00063 from $50,000 to $54,000. Strategic Link: Exercise fiscal discipline. Background and Explanation The contract with BKD, LLC for the FY21 audit was $39,000. This year instead of using the previous consultant for work on the audit, the staff choose to use BKD in that role as allowed in the contract signed with BKD. There was an additional $15,000 in assistance services making the total $54,000. The original PO is for $50,000 and staff is asking permission to increase the PO to $54,000. Financial Considerations: Funding is available in the existing FY22 Finance Amended Budget. Legal Review: N/A Board/Commission/Committee Recommendation: N/A Staff Recommendation: Staff recommends increasing PO – 00063 to $54,000. Attachments: PO - 00063 70 Page 2 of 2 Mayor Alicia L. Fleury or designee 71 72 73 74 75 Future Agenda Items April 12, 2022 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Staff is preparing a contract for landscape design services from Halff Associates. They expect the design phase to take 14 weeks. Staff has reached out to two more bronze artists that were recommended by Halff in the hopes that we can retain more than one artist to complete the statues for the 4 entrances. Both artists are eager to work on the project. All 3 artists have submitted comparable time frames to complete 1 statue. One of the newest artists is somewhat higher on a lifesize statue, but all are in the same price range for an 8’ statue. The two new artists are both in North Texas that would allow us to visit the studio to monitor progress and changes. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. The Director’s Retreat went very well. Staff developed new objectives for each focus area and they are working on their departmental goals which are due by April 29th. Their goals should encompass immediate, short term and long term projects. 3) Modifying the Existing Veteran’s Memorial to include “Space Force”. Staff has approved the new Space Force plaque and is working with Ft. Worth Monuments to update the Veteran’s Park Towers. The new POW/MIA monument is expected to take 6-10 months for completion. Parks Staff is in the planning process to add a disabled ramp at the Park. 4) Placement of Ordinance providing for the Sale of Beer & Wine at Trophy Club Parks. Town Attorney/Town Manager will provide input relating to said item. 76